Former Chicago police Officer Brian Warner believes police departments shouldn't require FOID cards. Instead, they should rely on doctors who have treated the officers to determine whether they are mentally fit for duty.

Former Chicago police Officer Brian Warner believes police departments shouldn't require FOID cards. Instead, they should rely on doctors who have treated the officers to determine whether they are mentally fit for duty. (Nuccio DiNuzzo/Chicago Tribune)

When a new state law took effect in August, supporters believed it would finally remove an obstacle for police officers seeking mental health treatment and maybe help lower a high suicide rate.

Turns out it was not that simple.

The law prohibits police departments from firing officers whose firearm owner’s identification cards have been revoked after an inpatient stay at a mental health facility. Many departments, including the Chicago Police Department, require officers to have FOID cards.

After the law was passed, Chicago and some other departments said they would still require FOID cards for officers who work the streets. Those who lost their cards would be placed on desk duty.

Advocates say this leaves in place a major hurdle as officers contemplate whether to seek treatment for post-traumatic stress and other job-related problems: They’ll keep their paycheck, but they’ll be sidelined as an officer.

“Even if the state says you can't be fired for it, the city says you can't work without it,” said Brian Warner, a former Chicago police officer and former chairman of the Chicago Police Survivors group. “You're essentially stripping an officer’s identity. To rip that away from somebody is gut-wrenching."

In light of departments’ interpretations of the law, the bill’s author, state Rep. Michael McAuliffe, R-Chicago, is considering revising it when the new legislative session begins next year.

“Police officers see a lot of things on a daily basis that we don’t see,” McAuliffe said, adding that he's heard concerns from police unions across the state. “If they want to get help, we want them to get help.”

The issue took on renewed urgency last week with the fourth suicide by a Chicago police officer in four months.

Nationally, first responders are more likely to die by suicide than be killed in the line of duty, according to a study earlier this year from the Ruderman Family Foundation, a nonpartisan group that conducts research and advocacy on disability and mental health.

Last year, at least 243 police officers and firefighters died by suicide in the United States, while at least 222 were killed in the line of duty, according to the study. In Chicago, four police officers and at least one firefighter, a former Chicago police officer, have died by suicide so far this year, while one police officer and one firefighter have died in the line of duty.

Generally, Illinois residents who want to own a firearm must undergo a background check and be licensed by the state. The law exempts working law enforcement officers from this process.

Many municipalities, including Chicago, require officers to obtain FOID cards to cover any use of their firearms while off-duty. That means officers are subject to mental health reporting requirements in the gun licensing law.

In 2013, lawmakers passed legislation requiring clinicians and other health professionals to report to the state when someone is admitted as an inpatient to a mental health facility. The state then cross-references the reports with FOID licenses, which are then automatically revoked.

The law is meant to keep guns out of the hands of people who may be a danger to themselves or others, especially in light of mass shootings across the country. But it may unintentionally snare first responders who need inpatient services but are not a public threat, advocates say.

Departments generally have their own mechanisms for determining whether an officer is fit for duty that the law does not affect, and experts say officers who need inpatient treatment are not necessarily dangerous.

“There is a big difference between an officer who would like to seek ... (inpatient) treatment for trauma who is not a risk,” said Robin Kroll, a mental health professional who treats first responders.

Kroll added that agencies should reach out to psychologists who treat public safety officers “for guidance on a case-by-case situation.”

Former Chicago police Officer Carrie Steiner recalls the mantra drilled into her during her years as a cop: Don’t seek help for mental health issues outside of the department, or you may lose your FOID card and then your job.

Officers were steered toward the department’s own employee assistance program, which may or may not meet an officer's needs, according to Steiner, now a clinical psychologist who treats first responders.

Last year, Chicago police Superintendent Eddie Johnson acknowledged that the FOID requirements could have a chilling effect on officers seeking help. “We are telling them then that, if you ask for help, we are going to punish you by taking your job away.”

Still, the department plans to continue requiring officers to have a FOID card, according to chief spokesman Anthony Guglielmi. If an officer's card is revoked, he or she will be assigned administrative duties because the officer will not be allowed to carry a gun.

“That covers them in any potential circumstance,” Guglielmi explained.

But Warner, the former Chicago police officer, believes it would be more effective if police departments didn’t require FOID cards at all. Instead, they should rely on doctors who have treated the officers to determine whether they are fit for duty.

McAuliffe and some mental health professionals say they hope the law, as currently written, will still encourage officers to seek help when they need it. Many say officers across the state aren’t aware of the law at all. Others don’t realize that their FOID cards won’t be revoked if they seek treatment as an outpatient.

Angela McNichols, a Chicago police officer and mental health professional, suggested departments distribute information during roll calls and around police stations. "I feel we need to educate officers about the bill and break down the myths and stigmas."